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(영문) 서울행정법원 2018.07.05 2018구단59031

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Republic of Korea on April 11, 2017, as a foreigner of the nationality of the People's Republic of China (People's Republic of China, hereinafter "China"), with C-3 (short-term visit) sojourn status.

B. On April 12, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on April 26, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On May 29, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. On June 2014, the Plaintiff asserted that he/she started training for the patriarche with the introduction of B, a next village.

On November 2016, the Plaintiff was arrested from a public draft, which was found to be a house when having performed official duties with his/her wife at his/her house around November 2016, and was detained for about 14-15 days.

The plaintiff was also subject to violence in the course of being investigated by public peace.

After that, the plaintiff and his wife were able to write down their respective fines of 5,000s.

If the plaintiff returns to his own country, it is likely to threaten the life or physical freedom of the Chinese government on the ground of the training of the patriarche.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

(b) judgment;